Missouri charges $50 to form an LLC; Virginia charges $100. Day-one sticker price is only part of the story, since most of the real cost comes from the annual obligations that stack up each year you keep the LLC open.

Over a rolling three-year window, Missouri runs about $200 less in total state fees than Virginia. Whether that gap matters depends on whether you actually operate in one of these states or are weighing a non-resident filing.

On speed, Missouri typically clears standard online filings faster than Virginia. Both states offer expedited tiers at an additional cost for filers on tight timelines.

For most small operators the choice is not really between these two states at all. It is between forming where the business actually operates and trying to route through a non-resident filing. The data below shows what each option actually costs.

Formation filing fee
Missouri $50
Virginia $100
Missouri saves $50
Year 1 total estimate
Missouri $150
Virginia $250
Missouri saves $100
Ongoing per year
Missouri $100
Virginia $150
Missouri saves $50
3-year total
Missouri $350
Virginia $550
Missouri saves $200

Key differences at a glance

  • Missouri costs $50 less to form ($50 vs $100).
  • Missouri is $50 per year cheaper to maintain ($100 vs $150).
  • Missouri requires LLCs to adopt a written operating agreement by statute. The other state treats it as recommended rather than required.
  • Missouri has no annual report filing at all. Virginia requires an annual (or biennial) report every reporting period.

Where each state fits

For most filers, forming in the state you actually operate from is the right call. The side-by-side below shows where the two states meaningfully diverge.

What each state offers that the other does not

Only Missouri

  • No annual report

Only Virginia

  • Paid expedited tier
  • Operating agreement not statutorily required

Both states

  • Online filing
  • No entity-level franchise or LLC tax
  • No publication requirement

Three-year cost, side by side

Rough estimate of the state-facing cost to form and keep an LLC through three years. Both totals include a $100 per year registered-agent estimate.

Missouri Virginia
Year 1
$150
$250
Year 2
$250
$400
Year 3
$350
$550

Running total includes the one-time filing fee and annual ongoing costs (report fee or franchise tax plus a $100/year registered agent estimate).

What it costs under your specific situation

The table below runs the same LLC through four common scenarios. "Non-resident" rows assume a typical home-state foreign LLC registration adds about $200 per year of stacked cost; the real number depends on which state you live in and ranges from $50 to over $800 depending on jurisdiction.

Scenario Year 1 Each year after 3-year total
You live in Missouri, business operates there
No foreign LLC registration needed. You pay Missouri fees only.
$150 $100 $350
You live in Virginia, business operates there
No foreign LLC registration needed. You pay Virginia fees only.
$250 $150 $550
Non-resident forming in Missouri with operations elsewhere
You pay Missouri's fees plus a typical home-state foreign LLC registration of about $200 per year.
$350 $300 $950
Non-resident forming in Virginia with operations elsewhere
You pay Virginia's fees plus a typical home-state foreign LLC registration of about $200 per year.
$450 $350 $1,150

Missouri vs Virginia: full comparison

Dimension Missouri Virginia
Online filing
Can you file the formation document online?
Yes Yes
Online approval time
Standard, non-expedited
1 business day 5 business days
Expedited option
Paid fast-track filing
Not offered $100
Annual report
Required in addition to tax
None Required, $50
State-imposed annual tax
Franchise, privilege, or LLC tax minimum
None None
State income tax
On pass-through LLC income at member level
Yes Yes
Publication requirement
Newspaper publication after formation
No No
Operating agreement
Required by state statute
Required by statute Recommended, not required
Foreign LLC fee
Cost to register as a foreign LLC in this state
$105 $100
State sales tax
General statewide rate
4.2% 4.3%

Taxes in Missouri and Virginia

How each state handles entity-level tax on LLCs. Pass-through classification means member-level income tax also applies at each member's residence state.

Missouri tax

No entity-level franchise tax on LLCs. State income tax applies to member-level pass-through income. Corporate rate 4.0%.

Virginia tax

No entity-level franchise tax on LLCs. State income tax applies to member-level pass-through income. Corporate rate 6.0%.

Ongoing compliance

The recurring filings each state requires after formation.

Missouri

No annual state filing. Registered agent required in Missouri.

Virginia

Annual report $50, due on your anniversary month. Registered agent required in Virginia.

Formation process, side by side

What actually happens from the moment you start filing to the moment you're in good standing. Use this as a checklist.

Missouri

  1. Check business-name availability on the Missouri entity search.
  2. Appoint a registered agent with a physical Missouri street address.
  3. File Articles of Organization of a Limited Liability Company (LLC 1) for $50.
  4. Wait for approval. Online typically 1 business days. No paid expedite offered.
  5. Adopt a written operating agreement (statutorily required in Missouri).
  6. Apply for a federal EIN (free from the IRS).
  7. Open a business bank account to separate personal and business finances.
  8. No annual state filing required in Missouri.

Virginia

  1. Check business-name availability on the Virginia entity search.
  2. Appoint a registered agent with a physical Virginia street address.
  3. File Articles of Organization of a Virginia Limited Liability Company (Form LLC1011) for $100.
  4. Wait for approval. Online typically 5 business days. Paid expedite from $100.
  5. Adopt an operating agreement (recommended, not required by Virginia statute).
  6. Apply for a federal EIN (free from the IRS).
  7. Open a business bank account to separate personal and business finances.
  8. File your first annual report and pay $50 when it comes due.

Before you pick either state

A few things that apply no matter which state you choose. These trip up enough first-time filers that they're worth stating explicitly.

Registered agent is non-negotiable. Both Missouri and Virginia (and every other US state) require every LLC to designate a registered agent with a physical street address in the state of formation. You can serve as your own agent if you live in the state; otherwise a commercial agent runs $50 to $125 per year. Using your own home address makes it part of the public record.

Forming elsewhere does not escape your home state's tax. If you live and operate a business from your home state, forming the LLC in Missouri or Virginia does not avoid your home state's income tax. The moment you transact business at home, your home state requires a foreign LLC registration, and state tax liability follows your residence regardless of where the entity sits on paper.

EIN applications are free. The IRS issues Employer Identification Numbers directly at no cost. Any service charging you to "get your EIN" is reselling a free form submission. Single-member LLCs with no employees technically don't need one for federal tax, but nearly every bank requires an EIN to open a business account.

Operating agreement matters more than the state you pick. A well-drafted operating agreement governs member ownership, management, profit splits, buy-sell terms, and dissolution. Without one, your LLC runs on the state's default rules, which are rarely what you want. California, Maine, Missouri, and New York require a written one by statute; every other state treats it as strongly recommended.

Agency contacts

Missouri Secretary of State, Corporations Division

Website
www.sos.mo.gov/business/corporations
Phone
(573) 751-4153
Email
corporations@sos.mo.gov
Mail
Corporations Division, Missouri Secretary of State, P.O. Box 778, Jefferson City, MO 65102
Office
Corporations Division, 600 W. Main Street, Missouri State Information Center, Room 322, Jefferson City, MO 65101
Hours
8:00 AM to 5:00 PM Central, Monday to Friday

Virginia State Corporation Commission, Clerk's Office

Website
www.scc.virginia.gov
Phone
(804) 371-9733
Email
sccinfo@scc.virginia.gov
Mail
State Corporation Commission, Clerk's Office, P.O. Box 1197, Richmond, VA 23218-1197
Office
Tyler Building, 1300 E. Main Street, Richmond, VA 23219
Hours
8:15 AM to 5:00 PM Eastern, Monday to Friday

Missouri Department of Revenue

Website
dor.mo.gov
Phone
(573) 751-3505
Mail
Missouri Department of Revenue, Harry S Truman State Office Building, 301 West High Street, Jefferson City, MO 65101
Office
Harry S Truman State Office Building, 301 West High Street, Jefferson City, MO 65101
Hours
8:00 AM to 5:00 PM Central, Monday to Friday

Virginia Department of Taxation

Website
www.tax.virginia.gov
Phone
(804) 367-8037
Mail
Virginia Tax, Office of Customer Services, P.O. Box 1115, Richmond, VA 23218-1115
Office
1957 Westmoreland Street, Richmond, VA 23230
Hours
8:30 AM to 5:00 PM Eastern, Monday to Friday

Frequently Asked Questions

  • Is it cheaper to form an LLC in Missouri or Virginia?

    Missouri is cheaper at formation ($50) than Virginia ($100). Ongoing costs are also different: $100 vs $150 per year. Total over three years: $350 vs $550.

  • Can I form an LLC in Missouri if I live in Virginia?

    Yes, but your Virginia business will almost certainly need to register as a foreign LLC in Virginia too, which means paying Virginia's foreign registration fee and any ongoing Virginia obligations on top of the Missouri ones. The "form elsewhere to save" math usually doesn't work for operating businesses; it only works when you have no physical operations tied to any specific state.

  • How long does it take to form an LLC in Missouri vs Virginia?

    Missouri online: 1 business day; Virginia online: 5 business days. Missouri does not offer paid expedite. Virginia offers paid expedite from $100.

  • Which state has lower taxes for an LLC, Missouri or Virginia?

    Missouri: state income tax applies to member-level pass-through income, no entity-level franchise or LLC tax. Virginia: state income tax applies to member-level pass-through income, no entity-level franchise or LLC tax.

  • Do both states require a registered agent?

    Yes. Every US state (and DC) requires every LLC to maintain a registered agent with a physical street address in the state. Missouri and Virginia both have this requirement. You can serve as your own agent if you live in the state; most out-of-state filers use a commercial agent for $50 to $125 per year.

  • Do I need a written operating agreement in Missouri or Virginia?

    Missouri requires LLCs to adopt a written operating agreement by statute. Virginia treats it as strongly recommended rather than required. In practice, any LLC with more than one member, or any LLC planning to preserve its liability shield, should have a written agreement regardless of which state it's formed in.

  • Which state should I pick if I run an online business from home?

    Form in the state you actually live in. Your home state's Department of Revenue treats your residence as nexus regardless of where the LLC is filed, which means you owe state income tax there anyway. Forming in Missouri or Virginia to escape your home state's tax doesn't work; it adds paperwork. The non-resident filings make sense when you genuinely operate nowhere in particular: international founders, purely passive holding entities, or real-estate LLCs owning property in other states.

Full state guides

More Missouri and Virginia comparisons

Sources

  • Filing fee: www.sos.mo.gov/CMSImages/Business/fees.pdf?v=2025 · verified April 21, 2026
    Missouri SOS Schedule of Fees and Charges (revised 01/2025), Chapter 347 Limited Liability Companies: Certificates of Limited Liability Company (domestic online) $50.00; Certificates of Limited Liability Company (domestic or foreign, paper) $105.00. Includes $5 Technology fund component. Mo. Rev. Stat. 347.179(1) sets the base fees as $45 online / $100 paper; the $5 tech surcharge brings totals to $50/$105.
  • Expedited filing: www.sos.mo.gov/business/corporations/forms · verified April 21, 2026
    Missouri SOS Corporations Division does not publish an expedited service tier for LLC filings. Online filings through bsd.sos.mo.gov are typically processed immediately or within one business day at the standard $50 fee, so there is no separate expedite option. A $55 Pre-Clearance Examination is available for reviewing a document for form and legal adequacy before submission (Schedule of Fees and Charges, General Fees) but does not accelerate filing itself.
  • Operating agreement requirement: revisor.mo.gov/main/OneSection.aspx?section=347.081 · verified April 21, 2026
    Mo. Rev. Stat. 347.081(1) provides that the member or members of an LLC 'shall adopt' an operating agreement. The statute uses mandatory language (shall adopt) and describes permissible contents, making Missouri one of the handful of states (with California, Delaware, Maine, and New York) that statutorily require an operating agreement. The agreement does not need to be filed with the SOS and may be in any form, but it must exist.
  • Foreign LLC registration fee: www.sos.mo.gov/CMSImages/Business/fees.pdf?v=2025 · verified April 21, 2026
    Missouri SOS Schedule of Fees and Charges (01/2025): Certificates of Limited Liability Company (domestic or foreign)(paper) $105. Foreign LLCs must file the Application for Registration of a Foreign Limited Liability Company (LLC 4) by paper; Missouri does not publish an online filing path specifically for foreign LLC registration.
  • Business name search: bsd.sos.mo.gov/BusinessEntity/BESearch.aspx?SearchType=0 · verified April 21, 2026
    Missouri SOS Business Entity Search. Confirm name distinguishability before filing the LLC 1.
  • Corporate income tax rate: dor.mo.gov/taxation/business/tax-types/corporation-income/ · verified April 21, 2026
    Missouri Department of Revenue Corporation Income Tax page: the corporate income tax rate is a flat 4% for tax years beginning on or after January 1, 2020 (Chapter 143 RSMo). Applies to LLCs electing C-corp treatment.
  • Sales tax rate: dor.mo.gov/taxation/business/tax-types/sales-use/ · verified April 21, 2026
    Missouri Department of Revenue Sales/Use Tax page: state sales and use tax rate is 4.225% (3.0% General Revenue, 1.0% Education, 0.125% Conservation, 0.10% Parks/Soils). Local jurisdictions add their own sales tax on top; combined rates typically range from 5% to over 10%.
  • Filing fee: law.lis.virginia.gov/vacode/title13.1/chapter12/section13.1-1005/ · verified April 21, 2026
    Va. Code 13.1-1005 sets a $100 statutory filing fee for Articles of Organization of a Virginia LLC, whether filed online through CIS or by mail using Form LLC1011. Foreign LLC registration (Form LLC1052) is also $100.
  • Expedited filing: www.scc.virginia.gov/businesses/about-the-clerks-office/expedited-serv… · verified April 21, 2026
    Virginia SCC online expedited services for LLC Articles of Organization: next-business-day $100 (submit by 2:00 PM ET), same-business-day $200 (submit by 10:00 AM ET). Only available via CIS online filings, not paper. Expedite fee is in addition to the $100 base filing fee.
  • Annual report fee: law.lis.virginia.gov/vacode/title13.1/chapter12/section13.1-1062/ · verified April 21, 2026
    Va. Code 13.1-1062 imposes a $50 annual registration fee on every domestic and foreign LLC. Due on or before the last day of the anniversary month. $25 late penalty under 13.1-1064. Automatic cancellation under 13.1-1064.1 if not paid within three months of the due date.
  • Franchise tax: www.tax.virginia.gov/corporation-income-tax · verified April 21, 2026
    Virginia does not impose an LLC-specific franchise tax. The only recurring SCC obligation is the $50 annual registration fee. LLCs pay income tax only if they elect C-corp treatment or pass income through to members.
  • Corporate income tax rate: www.tax.virginia.gov/corporation-income-tax · verified April 21, 2026
    Virginia corporate income tax is a flat 6% of Virginia taxable income under Va. Code 58.1-400. Applies to C-corporations and to LLCs electing C-corp federal treatment.
  • Sales tax rate: www.tax.virginia.gov/retail-sales-and-use-tax · verified April 21, 2026
    Virginia retail sales and use tax: 4.3% state rate plus a mandatory 1% local tax statewide (combined 5.3% base). Certain regions add 0.7% to 1.0% regional transportation tax. We record the 4.3% state portion here.
  • Foreign LLC registration fee: law.lis.virginia.gov/vacode/title13.1/chapter12/section13.1-1005/ · verified April 21, 2026
    Va. Code 13.1-1005 sets a $100 filing fee for Application for Certificate of Registration to Transact Business in Virginia as a Foreign LLC (Form LLC1052). Same $50 annual registration fee applies after registration.
  • Business name search: cis.scc.virginia.gov/EntitySearch/Index · verified April 21, 2026
    SCC Clerk's Information System entity search. Confirm name availability before filing Articles of Organization.
  • Operating agreement requirement: law.lis.virginia.gov/vacode/title13.1/chapter12/section13.1-1023/ · verified April 21, 2026
    Va. Code 13.1-1023 recognizes operating agreements as optional and allows them to be written, oral, or implied. No statutory requirement that a Virginia LLC adopt a written operating agreement. Recorded as not-required.